Perez v. California Department of Corrections and Rehabilitations, etc.

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/12 ORDERING that within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission and submit the following documents to the court: a. A complete A pplication to Proceed In Forma Pauperis By a Prisoner; and b. a certified copy of plaintiffs prison trust account statement for the six month period immediately preceding the filing of the complaint. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisone (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANDEN PEREZ,

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Plaintiff,

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No. 2:12-cv-2654 KJN P

vs.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATIONS,

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Defendant.

ORDER
/

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Plaintiff, a state prisoner proceeding without counsel or “pro se,” has filed a civil

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rights action pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. However, the certificate portion of the request which

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must be completed by plaintiff’s institution of incarceration has not been filled out. Also,

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plaintiff has not filed a certified copy of his prison trust account statement for the six month

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period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2).

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Therefore, plaintiff will be provided the opportunity to submit a completed in forma pauperis

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application and a certified copy in support of his application.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Within thirty days from the date of this order, plaintiff shall complete the

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attached Notice of Submission and submit the following documents to the court:

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a. A complete Application to Proceed In Forma Pauperis By a Prisoner;
and

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b. a certified copy of plaintiff’s prison trust account statement for the six
month period immediately preceding the filing of the complaint.

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2. The Clerk of the Court is directed to send plaintiff a new Application to
Proceed In Forma Pauperis By a Prisoner; and

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3. Plaintiff’s failure to comply with this order may result in the dismissal of this

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action without prejudice.

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DATED: October 31, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANDEN PEREZ,

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Plaintiff,

No. 2:12-cv-2654 KJN P

vs.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATIONS,

NOTICE OF SUBMISSION

Defendant.
____________________________________/

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Plaintiff hereby submits the following document in compliance with the court's
order filed

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:
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Complete Application to Proceed In Forma Pauperis

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By a Prisoner/Certified Copy of Prison Trust Account

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Statement

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DATED:

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Plaintiff
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